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Publications

The Current Legal Landscape for “Discovery on Discovery”

January 2017 - Materials prepared for ABA Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint CLE Seminar

Publications

The Current Legal Landscape for “Discovery on Discovery”

January 2017 - Materials prepared for ABA Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint CLE Seminar

Discovery disputes come in all shapes and sizes. The discovery of electronically stored information (“ESI”), in particular, creates fertile ground for disputes. Recently, a growing number of these disputes have involved attempts to conduct discovery of a party’s preservation or collection efforts (or “discovery on discovery,” also sometimes referred to as meta-discovery). This type of “discovery on discovery” has become more significant and prevalent as technology has evolved, law has developed, and parties have focused increasingly on potential data loss.

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